Sarfaraz vs The State Of Madhya Pradesh
2023 Latest Caselaw 7614 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6154 of 2023
                                          (SARFARAZ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                Shri Neeraj Garg - Advocate for the appellants.

                                Shri Anoop Sonker - Panel Lawyer for the respondent /State.

Call for trial Court record.

Heard on I.A.No.9977/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants

pending the appeal.

The appellants have been convicted for commission of offence under Section 403 of IPC and have been sentenced to R.I. for 02 years each and fine o f Rs.5000/- each with default stipulations by the learned 5th Additional Sessions Judge, Chhindwara (M.P.) vide judgment dated 26.4.2023 passed in Sessions Trial No.369/2020 (State of M.P. Vs. Sarfaraz and others).

Learned counsel for the appellants has submitted that appellants have been released on bail till 26.5.2023 by the trial Court itself. During trial, they were on bail and they have not misused the liberty granted to them b y way of

bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/10/2023 11:11:10 AM

sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.9977/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 27.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for admission immediately after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/10/2023 11:11:10 AM